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PROVO -- Thursday brought a legal victory of sorts, for the men charged with murder in the disappearance of missing Spanish Fork teenager Kiplyn Davis. The judge ruled he won't allow Kiplyn's death certificate to be used at the murder trial.
Now the attorneys for Timmy Brent Olsen are asking the case to be dismissed because, they say, there is no body or actual proof she was murdered.
Olsen is slated to stand trial in Kiplyn's murder, which prosecutors say happened the day she disappeared, May 2, 1995, as she left Spanish Fork High School in the middle of the school day.
Prosecutors argue that though her body has never been found, there is still strong evidence she is dead. They say those responsible shouldn't get away with murder because they concealed her body.
Defense attorneys believe the prosecution's case is based solely on statements made over the years by Olsen while he was intoxicated, and there is no physical evidence tying him to Kiplyn's disappearance.
"I certainly hope we can prevail on the corpus delicti motion. Essentially it is a motion to dismiss the charges and if the state can't prevail showing there is substantial evidence to go forward. I think that is the proper result," said attorney Jeremy Delicino.
Kiplyn's father, Richard Davis, said, "The reason why we stay with this is because we want to bring Kiplyn home. The judge should look at that, the jury should look at that, and the community is looking at that. They want to bring Kiplyn home for us. That's the only reason this is going to, to get justice, but to bring Kiplyn home."
Olsen and co-defendant Chris Jeppson were both convicted in federal court of perjury related to Kiplyn's disappearance.
The judge has already expressed serious concern to prosecutors about the murder case against Jeppson. A ruling on the motion to dismiss the case is expected to be issued by the end of the month.
E-mail: spenrod@ksl.com
